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(영문) 서울서부지방법원 2016.12.01 2016노1270
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in a state of mental disability under the influence of alcohol.

B. The sentence of unfair sentencing (four months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. In full view of various circumstances, such as the content of the instant crime of interference with business recognized by the evidence duly adopted and examined by the lower court, and the Defendant’s speech and behavior before and after the crime, even though the Defendant was under the influence of alcohol at the time of the crime, it is not recognized that the Defendant did not have the ability to discern things or make decisions, and thus, the Defendant’s argument of mental or physical disability is without merit.

B. We examine the argument of unfair sentencing; however, although the defendant has already been punished several times as a crime of violence and crime of interference with business, the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case even though he was a repeated crime, the defendant's age, career, character and conduct, motive of the crime of this case, method of the crime of this case, circumstance after the crime, etc., the sentence of the court below is appropriate in full view of all the conditions of arguments and the records, including the defendant's age, career, character and conduct, motive of the

The defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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